Work injury: types, compensation, what to do 2021

What injury is considered work-related?

A citizen is capable of unintentionally causing damage to his health, or suffering through the fault of another person, or being injured as a result of random events.
In order for an injury to be recognized as a work-related injury, it must be recorded under certain conditions:

the employee was at work or on break;
the citizen used a vehicle owned by the enterprise;
the person performed work functions on a business trip, or was on his way to his destination.

Important! An injury sustained as a result of an accident or the use of transport will be classified as “industrial” if the person followed the instructions of the supervisor. If the injury was recorded while driving a personal car, or there are no documents confirming that the car is recognized as a service car, then the injury will be classified as “domestic”.

Classification of injuries at work

Injuries can also be classified as follows.

Through the fault of the employee during the working day

When an employee joins a company, he is given an introductory safety briefing, and then periodic. That is, the employee is explained what actions or inactions he is prohibited from doing, otherwise he may get injured at work.

Attention! An injury caused by an employee is due to the fact that he did not follow safety precautions although instructions were provided to him, he performed his job duties irresponsibly, the employee turned out to be an unqualified and illiterate specialist.

On the way to or from work

A work injury can occur on the way to work or as a result of returning from it. It is such if the employee is delivered by company transport or the delivery is carried out by a representative of the organization.

An injury can be considered industrial if the employee was driving to or from work in his own vehicle, if the use of this car was agreed upon with the employer (there is an order for its use, a copy of the car’s title is in the company’s accounting department, a waybill is issued) or on behalf of the company administration.

Attention! If an employee gets to work and back (for example, morning, evening) on foot, uses public transport or by personal car, but without the consent of management, it is not considered production work.

During a business trip or on the way to the place where necessary work is performed

An employee may be sent on a business trip by order of the manager. Already when the business trip begins, an accident may occur to him, which will be considered a work-related injury. This situation can often occur with employees whose work is traveling.

During a lunch break or on a “smoke break”

The company, in its local regulations, can establish breaks in work, as well as their duration.

This time is used by the employee for rest, eating, smoking, etc. Lunches can be organized not on the territory of the enterprise.

An injury sustained during this time (for example, an employee may fall) will still be considered work-related if the employee was not on the territory of the organization, but followed or was on the territory of a lunch organizer who has a contract with the employer.

Attention! If an accident occurred during a smoking break, then it will be interpreted as an injury that occurred at work, if smoking was carried out in special places organized in the company for these purposes, the break time is recorded in local regulations.

Injury caused to an employee by others

This injury can be classified as either industrial or domestic. Another person may injure an employee while on company premises. The important point is the results of the investigation and recording of all the facts.

Since this situation requires the study of all factors and their analysis, initial payments to the victim are made at the expense of the Social Insurance Fund. In the future, through the court, you can receive payments from the guilty person.

During the “corporate party”

Injuries sustained during corporate events are classified as domestic injuries. This happens even in cases where the territory of the business entity was used for a corporate event and during working hours.

Legislative regulation of issues

In Russia, cases of injuries sustained during work activities are regulated by the following standards:

Art. 184 of the Labor Code of the Russian Federation (principles of registration and payment of monetary compensation to an injured worker);
The Order of the Russian Federation dated February 24, 2005, developed by the Ministry of Health and Social Development, reflects a list of injuries that allow injuries to be recognized as a severe industrial injury;
Federal Law No. 255 “On compulsory social insurance in case of temporary disability and in connection with maternity”, effective from December 29, 2006 (regulates the amount of required payments for a citizen);
Federal Law No. 125 “On compulsory social insurance against accidents at work”, adopted on October 24, 1998 (contains the rationale for calculating payments: the victim must be an individual performing duties under a previously concluded employment contract).

Federal Law No. 125 also applies to citizens sentenced to imprisonment and brought to work by the insurer.

Important! The basic law that guarantees a person’s safety in the performance of his work duties is the Constitution of the Russian Federation.

What should management do?

The Labor Code of the Russian Federation establishes the obligation to conduct an investigation for the employer when an accident occurs with its employees. These same norms determine the operating procedures of management. This is especially important if the employee tries to challenge the results of the investigation.

Current standards

The following regulatory regulations on accidents and work-related injuries are distinguished:

Labor Code of the Russian Federation.
Russian Law No. 125-FZ of July 24, 1998, which defines the principles of compulsory social insurance for industrial injuries (injuries).
Resolution of the Ministry of Labor No. 73 of 20/25/2002, which defines the features of the investigation of industrial NS.
Russian Law 255-FZ of December 29, 2006, which defines compulsory insurance for temporary disability.
Resolution of the Ministry of Health and Social Development No. 160 of February 24, 2005, defining a list of damage and injuries that qualify an injury as an industrial injury.

Time frame for investigation

The law stipulates that the company’s management must conduct investigations into the incident within three days of its incident. However, if the insured event is classified as severe, the investigation period is 15 days. If there is a need to increase the investigation period, then the period can be extended according to the Labor Code for another 15 days.

Attention! When the injured employee did not inform the employer about the accident, the investigation time is one month from the date of receipt of information about this event.

List of required documents

In case of a work injury, the following documents must be completed:

Schemes or plans of the scene of the accident, a protocol for examining the place where the accident occurred, photos and video materials from the scene of the accident;
Documents describing the workplace and determining the presence or absence of hazardous factors;
Extract from the books of instruction, periodic knowledge testing, etc.
Testimony of eyewitnesses of the incident, the story of the victim;
Expert opinions and laboratory test reports;
A conclusion issued by an authorized body on the extent of the injury received or an inspection report of the dead body;
Documents for issuing protective equipment, protective clothing, etc. to the victim.

The commission may expand the list of required documents. In addition, the forms mentioned in the law are issued in any situation.

Important! Based on the results of the investigation of the accident, a report must be drawn up in Form N-1.

Subjects of the accident

The following categories of citizens are usually classified as individuals injured at work:

employees carrying out activities under an employment agreement;
persons receiving education under a pre-concluded student agreement;
workers of farms or production cooperatives;
citizens with mental illnesses carrying out work activities as occupational therapy prescribed by medical personnel;
convicted persons involved in production work, or employees performing community service as punishment (by court decision);
citizens sent to undergo practical training;
volunteers.

Important! Employees performing work duties as part-time workers receive compensation payments on a general basis in the event of an industrial injury.

Compensation for monthly expenses

A victim who was injured at work must be compensated for the money he spent on rehabilitation.

Learn important things: Sick leave pay and labor relations rules during coronavirus

The assistance covers the following purposes:

· medical service;

· purchasing medicines;

· payment for a hired nurse or caregiver;

· travel of the patient to the place of treatment , for the medical examination procedure, for rehabilitation (in a sanatorium or other institutions);

· sanatorium treatment;

· production of prostheses;

· provision of equipment and transport for disabled people;

· retraining (if, due to injury, a citizen cannot return to his previous job).

This assistance (excluding primary care) is provided by the insurer, in accordance with the rehabilitation program established by doctors.

Types and severity of damage

The amount of payments and the rules for drawing up working documents depend on the type and nature of industrial injuries, the conditions of injury.
It is customary to distinguish two types of injuries: severe and mild. All damage is usually classified taking into account the conditions of its receipt:

chemical;
electrical;
temperature;
technical.

An examination and diagnosis is carried out by medical personnel, followed by the preparation of documentation reflecting the nature and conditions of injury.

Severe form

In 2021, work-related injuries generally include injuries that threaten the health and life of an individual:

shock;
injuries that resulted in heavy blood loss (more than 20%);
damage to the spinal column;
fractures of the skeleton with displacements;
coma;
damage to internal organs leading to disruption of their functions;
joint dislocations;
brain injuries;
abortion;
mental illnesses and conditions.

Burns, damage to the eyes and speech apparatus are also considered to be severe types of injuries.

Light form

Cases of occupational injuries falling under the “mild” classification:

sprain of the ligamentous apparatus;
uncomplicated bone fractures;
concussion.

A person can be injured in the workplace either through his own fault or as a result of unlawful actions of a manager. Each case is considered individually: a commission is assembled.

In case of a minor work-related injury, the duration of the consideration of the case is 3 days. Severe injury or death of an employee requires an extension of the period to 15 days.

Types of industrial injuries

Important! The duration of the process is affected by the time at which the employer is notified of the occupational injury that has occurred. If the information was provided the next day, then all activities are carried out within a month.

Severity of injury

In addition to many nuances regarding the place and time of injury, there are significant differences in determining its severity. The type of injury - be it a burn or a fracture - does not play a key role in the investigation of the presence of a work injury. The degree of severity of the injuries received by the employee is of primary importance for further proceedings. All work-related injuries can be divided into severe and minor. Accordingly, monetary compensation for different degrees of injury will vary.

Severe degree

Severe industrial injuries are considered to be those types of damage that pose a direct threat to the life and/or health of the employee. These include:

burns (all types);
injuries with a total blood loss of 20% or more;
loss of hearing, speech, vision;
mental disorders;
bone fractures;
traumatic brain injuries, etc.

Please note that occupational diseases that cause loss of ability to work and/or permanent health problems are also included in the list of possible injuries at work.

Mild degree

Mild injuries are minor damage to the health of an employee that does not threaten his life and does not threaten long-term loss of ability to work or a change in health group. Minor damage includes:

scratches;
injections;
bruises;
abrasions, etc.

What payments can victims expect?

The volume and type of compensation is regulated not only by the labor code, but also by the agreement that the citizen entered into with the company upon joining the job.

The main types of payments and compensation due to an employee upon receipt of an industrial injury:

financial assistance to relatives in the event of the death of a citizen;
reimbursement of expenses for treatment and subsequent restoration of injuries received;
monthly insurance benefits;
monetary compensation for moral damage.

All payments for temporary disability must be reimbursed in an amount equal to the full salary on sick leave. Work experience is not taken into account.

Sick leave payment: how it is calculated

Compensation for industrial injuries is made under Article 9 of Federal Law No. 125, aimed at restoring the health status of the injured citizen. The amount of payments is influenced by wages: the calculation takes into account funds received over the last 2 years.

To calculate the amount of benefit you must use the formula:

P= D*24/730 days*PL.

Explanation of concepts:

P—volume of benefits;
D - income;
PL—treatment period.

Important! If an employee’s salary has changed over the course of 2 years, this must be taken into account when calculating.

One-time payment

The amount of financial assistance for work-related injuries varies depending on the severity of the employee’s condition. The conclusion and recommendations are drawn up by a medical commission, after which the data is transferred to the manager to calculate compensation.

The accountant is obliged to take into account the size of the maximum annual benefit and the value of the regional coefficient, provided that it has been established. According to Article 1 of Federal Law 417, for 2021 the insurance payment is equal to 101,689 rubles.

Monthly payment

When calculating the amount of the monthly benefit, the basis is taken to be equal to the average monthly salary for the last 12 months before the injury. In addition to the coefficients, it is necessary to take into account the employee’s condition and the degree of damage.

Important! According to Law 417 of the Russian Federation, the amount of benefits for receiving an industrial injury is 78,189 rubles.

As a result of the death of a citizen at work, relatives receive payments. The amount of compensation is 1,000,000 rubles.

Reimbursement of monthly expenses

Regardless of the type of injury an employee received at work, the employee retains the right to compensation for money spent on restoring his health.

Compensation can be used in the following areas:

payment for medical care, nurses;
purchase of medicines;
treatment in a sanatorium;
payment for a ticket to travel to the institution where the treatment and recovery process will take place;
provision of special mobility equipment, prostheses or a wheelchair;
retraining if it is impossible for a citizen to return to his previous position.

The rehabilitation program is drawn up and then approved by a medical commission, after which payment is made by the insurance company.

Types of employee payments

Regardless of how long an employee has been working in the organization, the employer is required to pay a temporary disability certificate in the amount of 100% of the salary .

In addition, if, as a result of the investigation, the employer’s guilt is established, the employee has the right to recover compensation for damages from the company - both moral and physical. This is evidenced by Article 11 of the Federal Law of July 24, 1998 No. 125-FZ. The calculation of material compensation is calculated based on the amount of insurance payment (one-time).

In accordance with Art. 12 of Law No. 125-FZ, in case of loss of ability to work for a long time or for life, the victim has the right to recover a monthly benefit. The calculation of monthly compensation depends on the average monthly salary of a given employee over the past 12 months.

When calculating both types of compensation, the degree of loss of ability to work and the coefficients of a particular region are important.

If a person dies due to an industrial accident, his relatives have the right to receive a one-time insurance payment - Article 11 of Law No. 125-FZ.

The sick leave is paid by the employing organization, and compensation payments are made through the social insurance fund.

Please note that in order to receive the required funds, the injured party must provide the relevant documents to the insurance fund:

certificate of incapacity for work;
documents confirming payment of expenses for treatment and/or rehabilitation;
an application containing a request for reimbursement of specified amounts of expenses or an application for a one-time/monthly payment.

Controversial issues

The issue of incidents at work and in organizations is a sensitive topic that employers really don’t like. In order to fully exercise their rights, every employee must be aware of the possibilities for resolving controversial or ambiguous issues.

To record an accident, it will be enough to notify the employer about it orally.

The victim is not required to write a statement addressed to the manager. The arrival of an ambulance on the territory of the enterprise or a visit to the hospital will itself record the incident.

The employer is required to draw up an order to create a commission to carry out the investigation. If the manager ignores this responsibility, it is necessary to report this to the State Tax Inspectorate of the relevant region.

For inaction, the head of the organization faces administrative liability. An application to the State Tax Inspectorate can be drawn up in free form, the main thing is to indicate in it the date of the incident, its circumstances, and also attach medical documents.

You should receive a copy of the report drawn up by the commission after the investigation within three days. This way you will learn about the commission's decision.

The report must record the presence or absence of a work-related injury, circumstances, causes of the incident and a list of those responsible. Violation of the specified period or form of the act threatens the chief with administrative liability . You can also send a complaint to the State Tax Inspectorate.

If you disagree with the act presented by the commission, the employee has the right to appeal it within three months.

A report on a minor work-related injury can be appealed to the State Inspectorate of the region, but in more serious cases you need to go to court. Please note that the victim himself may be found to blame for the injury, with a percentage indicating his fault. This nuance affects the volume of payments from the Social Insurance Fund.

Concealing the fact of injury

In accordance with Article 15.34 of the Code of Administrative Offenses of the Russian Federation, concealment of the fact of an accident resulting in injury threatens the employer with a fine. Keep in mind that concealment of such an incident by an individual also entails the imposition of a monetary fine.

Forcing not to file a work injury

For one reason or another, employers do their best to avoid documenting work-related injuries. The main reasons for such actions are usually: fear of inspections and criminal prosecution, reluctance to spend working time and personnel on conducting an investigation.

You must understand that the organization must be legally responsible for its mistakes. If they try to persuade or force you not to file a work injury, then:

Seek medical attention, indicating where and when the injury occurred.
Do not remain at your workplace until the end of your shift, but immediately deal with the incident.
Do not retroactively sign safety briefings, occupational safety briefings, and similar documents.
Do not negotiate anything with your superiors and immediately inform the State Tax Inspectorate about the employer’s dishonesty.

Calculation algorithm

After considering the case and making a decision, the commission sends all the data to production, where compensation must be calculated.

To determine the amount of insurance payments, the formula is used: RK=PM/D*DB.

Explanation of concepts:

RK - amount of compensation;
PM - maximum amount of benefits for injuries;
D - the number of days when a citizen is incapacitated;
DB - the number of days indicated on the sick leave.

Important! All bonuses and allowances must be taken into account when making calculations.

Sick leave payment: how it is calculated

According to Federal Law 125 (Article 9), the employer pays for hospital treatment for the injured employee. It doesn’t matter how many years he has worked at this enterprise and what position he holds.

The amount of compensation is calculated based on the citizen’s average earnings, taking into account the last 2 years.

You can use a simple formula:
P = C x 24 months / 730 days x D.

Explanation of concepts:

P – the benefit itself;
C – monthly income;
D – treatment period.

If a citizen’s salary has changed, this is taken into account.

Example:

The employee’s salary was 30,000 rubles, subsequently his salary increased - 42,000 rubles. After 5 months of work, an accident happened. The period of treatment completed by a citizen is 20 days. Then the calculation will be like this:

(30000 x 19 + 42000 x 5)/730 x 20 = 21369.86

It can be seen that the periods when he received the usual (30,000) salary and an increased one were taken into account.

How to receive payment

Regardless of the extent of the damage, the employee is obliged to immediately notify management of the event. If this is not possible, information should be provided by witnesses to the incident.

Compensation for a work injury is paid quickly if a package of documents is collected:

employment contract (copy);
report of an injury incident at work;
an extract from the medical history with an expert opinion;
receipts confirming the costs of medicines;
certificate of disability;
documents for payment for medical services;
passport.

If the case of injury at work was considered in court, then the decision made as a result of the meeting must be attached to the package of documents.

Procedure in case of an accident

Employer Responsibilities

Any leader is a responsible person. He must not only manage his subordinates, but also provide them with safe and comfortable conditions.

If an employee is injured as a result of an accident at work, the supervisor must:

1. Take measures to ensure that the victim receives the necessary medical care (there must be a medical worker and the necessary equipment at the enterprise). Call an ambulance.

2. Prevent the dangerous development of the emergency so that other employees do not suffer. For example, turn off the mechanism due to which a person was injured, stop production. Tell other employees to stop working.

3. Restrict other people’s access to the scene of the incident and keep the situation unchanged.

4. Look for witnesses and interview them. View cameras, if available.

5. Draw up an act reflecting what happened.

6. Write an order approving the composition of the commission responsible for conducting the mandatory investigation.

7. Fulfillment of other obligations established by law.

You cannot hide what happened and try to hush up the consequences. This is illegal, and may lead to other similar cases.

It is better to investigate the facts of the accident, and after the investigation, initiate equipment inspections and take other measures to help prevent other accidents. A more detailed memo on the actions of a boss in the event of an injury to a subordinate and what responsibility awaits is in the article.

Payments due to certain categories of employees

Government employees: firefighters, military, and police receive more compensation for injuries than other workers.

According to Federal Law No. 52 “On Compulsory Insurance of Military Personnel,” the amount of payments varies depending on the insured event:

death during service, or death within a year due to injury: 2,000,000 rubles;
establishment of 1 group of disability (15,000,000 rubles), 2 groups (1,000,000 rubles), 3 groups (500,000 rubles);
mild injury, concussion: 50,000 rubles, if the injury is severe, then compensation increases to 200,000 rubles;
dismissal as a result of work-related injuries by decision of the VKK: 50,000 rubles.

All payments are indexed taking into account the year and region, the conditions of the injury and its consequences.

What injuries are not considered work-related?

The Labor Code of the Russian Federation strictly defines cases when an injury can be classified as industrial.

In this regard, non-work injury includes:

If the employee performed on his own initiative functions not provided for by his job responsibilities.
If the employee was drinking an alcoholic drink at the time of injury, was drunk, or was in a state of toxic or narcotic poisoning.
If the employee was on rest between shifts and on a lunch break during shift work.
Injury on a non-working day.
If the victim was injured as a result of a criminal offense.
If the injury is self-inflicted by the employee.
When an employee’s health has deteriorated sharply, and this is confirmed by a medical report, due to factors not related to his work.

Causes of injury in the workplace

All cases of injury at work are studied individually. Common causes of injury:

neglect of established safety rules;
performing work duties while under the influence of alcohol (drugs);
performing operations without appropriate qualifications.

Responsibility for conducting and following safety instructions rests with the individual employee. But in each case of industrial injury, the degree of guilt of the injured worker is considered.

Causes of injury in the workplace

Causes of occupational diseases

Occupational diseases are a type of industrial injury, but they arise gradually, usually of the same type in people working in equally harmful conditions. They are provoked by:

outdated technologies;
unequipped workplaces;
poor sanitation;
failure to use protective equipment;
retreat from technology;
the need for contact with harmful substances.

When creating casting molds, the mixture is compacted by vibration. Molders fill the following boxes directly between the shakers. The floor is constantly shaking. Similarly, there are large machines with platforms for installing parts and turning on equipment. The lack of modern instruments showing the exact coordinates of the cutter and load forces the worker to stand on a vibrating metal platform for a long time. This gradually leads to industrial injuries - damage to the musculoskeletal system.

Galvanic baths and containers for electrolysis must be covered with lids on top. Vapors are removed into ventilation ducts. Active forced ventilation is installed in the room. Older equipment does not have such protective measures. Workers inhale harmful fumes.

A large percentage of diseases are caused by drafts and working at low temperatures indoors or outdoors in freezing temperatures. For work in winter conditions, in addition to special clothing, a schedule of heating and hot meals, and warm bathrooms are provided.

Mandatory actions of the employer

The manager who received information about the accident is obliged to take the following measures:

provide the maximum possible medical assistance to an employee who has suffered a work injury;
take actions aimed at ensuring the safety of other employees;
if there is no threat to the life of employees, then preserve the scene of the incident in the form in which it was at the time the citizen was injured;
provide information about the incident to the prosecutor's office, the FSS department;
notify the relatives of the individual about the accident;
take measures to organize an investigation into the event.

Important! If more than 5 people died at the workplace, then management is obliged to notify the State Labor Inspectorate of the Russian Federation.

Sample order for investigation

The document initiating the creation of a commission to assess the events that occurred must be issued within 24 hours from the moment the employee received an injury.

The responsibilities of the commission include:

interviewing eyewitnesses and collecting evidence;
determining the causes of a work-related injury;
comparison of facts and preparation of a report.

The commission must include competent specialists:

representatives of the trade union and the employer;
labor protection officers.

The number of people present during the examination varies depending on the severity of the incident. The minimum number of commission members is 3 people.

There is no standardized form for an investigation order. The document requires the following information:

name and serial number;
the reason for creating the commission;
indication of the purpose and objectives of the investigation;
listing the personnel assembled to conduct the investigation;
appointment of a person responsible for the execution of the document’s clauses;
position of the manager with data, signature.

The issued order must be recorded in the order register.

Order on the creation of a commission

Sample accident report

The responsibility for drawing up the document rests with one of the employees, who is obliged to prepare the paper in 2 copies. The act is written in two languages: Russian and foreign if the injured party has a different citizenship.

The document requires the following information:

reasons for injury;
information about the circumstances that led to the accident;
information of the employees responsible for the situation;
the degree of guilt of the employee who received the injury;
witness statements.

The drawn up act of receiving an industrial injury must be signed by all members of the created commission and approved by the head, certified by a seal.

Accident Act

The procedure for investigating an emergency incident

When something like this happens, it is important to determine whether it is a work-related injury and whether compensation will be awarded from the Social Insurance Fund (this is the Social Insurance Fund).

As soon as the employer finds out about the fact of the incident, he writes a special order, where he approves the list of people - the composition of the commission that will conduct the investigation:

· occupational safety specialist;

· representative of the manager (if the enterprise is private, then individual entrepreneur);

· representative of a trade union/elected body.

The composition of the commission is expanded if several people were injured in the incident or someone died:

· state labor inspector;

· representative of the municipality;

· member of the local territorial association of several trade union organizations;

· Social Insurance Fund employee – if there is an insured client among the victims.

The victims of the incident themselves cannot participate in the commission, but they have the right to be witnesses to what is happening. At the same time, tell the details of the accident.

The legislation establishes the time frame for investigation – 3-15 days . After which the commission must provide a comprehensive answer.

The victim, no matter how serious his injury, must be examined by a doctor . Only he, after taking tests, studying ultrasound images and other manipulations, can reveal how serious the situation is. And confirm the fact of the citizen’s temporary/permanent loss of ability to work.

Payments are due if a medical examination officially confirms the relationship between the injury received and an insured event that occurred earlier at the enterprise.

Doctors determine how severe the injuries have become:

Severe - injuries that pose a serious threat to life: multiple or complex bone fractures (spine/hip/rib/clavicle/leg), blood loss, onset of coma, impaired functionality of a particular organ or system, concussion, temporary/permanent hearing loss/ vision, mental disorder, burns, heart damage.

Mild degree - minor bruises, broken limbs, frostbite, sprains, termination of pregnancy (the latter is controversial).

The severity of the injury will determine the amount of compensation due.

Current changes

A special procedure for recognizing the degree of disability is valid until March 1, 2021

According to it (Resolution of the Government of the Russian Federation of October 24, 2020 N 1730), examination of citizens in ITU institutions in order to determine the degree of loss of professional ability to work is carried out without personal participation, that is, in absentia. Also, the degree of loss for citizens whose re-examination period occurs in the period from October 1, 2020 to March 1, 2021, in the absence of a referral to medical examination issued by a medical organization, is carried out by extending the previously established percentage of loss of professional ability. It is possible to conduct an in-person examination of citizens (at their request) in case of appealing a decision to a higher bureau.

New criteria for the degree of loss of professional ability to work as a result of industrial accidents and occupational diseases - from July 1, 2021

I degree - persistent minor dysfunctions of the human body caused by an accident at work or occupational disease, in the range from 10 to 30 percent; II degree - persistent moderate impairment of the functions of the human body, caused by an accident at work or occupational disease, in the range from 40 to 60 percent; III degree - persistent severe impairment of the functions of the human body, caused by an accident at work or occupational disease, in the range from 70 to 80 percent; IV degree - persistent, significant impairment of the functions of the human body, caused by an accident at work or occupational disease, in the range from 90 to 100 percent.

Instructions for the employee

If an employee is injured, it is necessary not to leave the workplace: there is a high risk that the manager, in order to avoid liability, will record the employee’s departure as absenteeism.

Algorithm of actions:

call the medical personnel on duty;
receive an accident report;
issue a sick leave certificate.

If a citizen receives a serious injury, he retains the right to receive additional payments from the Social Insurance Fund.

Work injury payment

Monthly payment

According to the provisions of Federal Law No. 125, citizens are entitled to monthly financial assistance. It is calculated using the monthly (average) salary of a citizen for the 12 months preceding the case as a basis.

Only the months he worked are taken into account. The degree of injury (loss of ability to work) identified by doctors, regional and all other coefficients are used. Moreover, the size of the latter depends rather on the time (year) of the payment. For example, for affected citizens receiving assistance later than 2021, a coefficient of 1.04 was used in the calculations.

The maximum assistance provided monthly is 78,189 rubles (provisions of Federal Law-417).

Example:

The citizen worked regularly, receiving an income of 32,000 rubles. After the incident, the degree of his injuries was revealed to be 40%. The region where he lives does not use odds.

Benefit:
32000 x 0.4 = 12800 rubles

This amount will be transferred to the citizen monthly.

Benefit	Payments 2021	Size in 2021
One-time	101689.8 rub.	RUB 103,527.66
Monthly	78189.3 rub.	RUB 79,602.38

Important! If a person dies as a result of a work injury, his relatives will receive 1,000,000 rubles .

What does an employer face in the event of a work-related injury?

The manager is responsible for each employee, so the investigation commission determines the degree of guilt of the employer.
If the culprits of the incident are identified, they are subject to disciplinary liability in accordance with the Code of Administrative Offenses of the Russian Federation (Article 5.27.1), the Criminal Code of the Russian Federation (Articles 264, 143). Taking into account the severity of the work injury and the degree of safety violations identified, administrative or criminal punishment is possible for the offending workers.

Important! In the event of a group accident or fatal occupational injury to an employee, representatives of the regional trade union and local administration, and state inspectors are invited to the investigation commission.

Penalties:

an administrative fine of 2,000–5,000 rubles is issued to the employee, sanctions in the amount of 50,000–80,000 rubles are imposed on a legal entity if violations of labor protection requirements have been identified;
admission of a citizen to the workplace without a preliminary medical examination and familiarization with safety rules entails a fine for the employee in the amount of 15,000-25,000 rubles, and 110,000-130,000 rubles for the manager;
if employees do not have protective equipment, officials will be forced to pay sanctions in the amount of 20,000 to 30,000 rubles, and legal entities in the amount of 130,000 to 150,000 rubles.

If labor safety rules were violated by a citizen responsible for their compliance, and this led to a person being injured at work, then the employee is subject to a fine equal to 400,000 rubles, or the amount of wages for a period of 18 months.

Alternatively, the employee may be involved in compulsory work lasting 180–240 hours, or correctional activity for up to 2 years. At the discretion of the judicial authorities, it is possible to impose forced labor or imprisonment for 1 year.

An employee whose actions led to the death of a citizen is punishable by imprisonment (up to 4 years) or forced labor for the same period. Depending on the severity of the guilt, the employee is deprived of the right to carry out certain work activities or hold a position for a specific period of time.

An industrial injury sustained while working in the mining or construction industry resulting from a violation of safety regulations is punishable by a fine. The amount of sanctions is up to 80,000 rubles, or equal to 6 months’ earnings. Restriction of freedom or assignment of correctional labor for up to 3 years is also possible.

If an employee dies after receiving a work injury, the term of forced labor or imprisonment increases to 5 years.

Important! A person affected by an industrial injury retains the right to receive compensation payments for moral damage caused.

Classification of injuries by type

The causes of industrial injuries are divided into objective and accidental. The latter include isolated accidents on the territory of the enterprise that are not related to work or the specifics of production. For example, a person twisted his leg out of the blue or stared at welding and “caught bunnies” and suffered eye damage.

Objective reasons include:

technical;
sanitary and hygienic;
organizational;
physiological – personal.

The largest number of work-related injuries occur due to technical reasons. This is a malfunction of equipment and tools, poor insulation of power cables.

The workplace must have protective screens and shields that protect against the ingress of chips, scale and other dangerous objects.

Welding stations are fenced around the perimeter to protect the eyes of people passing by. The worker himself must wear a special suit and protective equipment in the form of glasses, boots, and gloves.

Sanitary and hygiene reasons

Reasons that are sanitary and hygienic factors that negatively affect health:

bad light;
drafts;
low and high temperatures;
air pollution;
evaporation of harmful substances;
poor ventilation;
vibration;
noise:
lack of sanitary facilities.

In a poorly lit workshop, you may not notice the dangerous movement of individual pieces of equipment, a crane carrying a load, or an approaching electric vehicle. Drafts and cold provoke colds, inflammation, and the development of occupational diseases. The lack of household premises violates the standards of personal hygiene of people.

With poor ventilation, harmful substances accumulate in the air, which enter the respiratory system, affect the mucous membranes and blood, and cause occupational diseases.

Drafts, vibration and noise gradually cause irreversible processes in the human body: chronic inflammation, tremors, diseases of the musculoskeletal system.

Poor organization of work areas

Organizational reasons often lead to injuries due to poorly cleared aisles and paths and unpaved sidewalks in winter. The enterprise administration must take care of:

correct placement of equipment;
compliance with transportation standards;
training in safe working methods;
fencing hazardous areas;
creating storage areas;
all employees have special clothing appropriate to their profession;
installation of sound and light alarms on all lifting and transport mechanisms.

The organization of labor begins outside the territory of the enterprise. What sidewalks do people use to get to the enterprise? The condition of the tracks at the plant itself. If there are holes and debris everywhere, then the likelihood of foot injury increases sharply.

Violation of transportation rules, improper slinging and stacking of cargo leads to its fall. Clogged aisles and driveways threaten to bring down everything that has accumulated in them onto people passing and driving by.

High-risk areas should be fenced and accessible only to people working there. For example, the crane cabin must be closed. The key is kept by the workshop mechanic and is given only to the crane operator who starts her shift. Similarly, chemical equipment, electrical devices and vibration stands are installed in separate rooms.

The availability of regularly issued protective clothing and the use of protective equipment are important factors in reducing occupational injuries.

Regular training of workers in safe work practices should not be neglected. In addition to information, constant verification of this knowledge is necessary. Each employee should know the scope of their responsibilities and not try to do someone else’s work. The machine operator should not independently remove and install large parts on the machine if he does not have a sling operator’s license. Likewise, the crane operator listens to commands and works only with persons who have passed a special exam and have a document.

With the noise of the equipment, it is difficult to hear approaching vehicles. Loads moving at height are especially dangerous. Therefore, all cranes, machines, electric trolleys must be equipped with signals that are sharply different in nature from the hum of machine tools, welding installations and other units.

Sanitary

At the beginning of the shift, the worker must change into overalls in normal conditions, where there are no drafts and it is warm. After your shift, wash yourself and remove any dirt that has ingrained your skin and contains harmful substances. During the shift, depending on the profession and working conditions, rest breaks are taken. The worker should be able to spend 10 to 15 minutes in comfortable conditions.

If the enterprise does not have a canteen, rooms for meals must be equipped. In addition to the table and chairs, they are equipped with equipment for heating food, a boiler or an electric kettle with boiling water.

Psychophysical

Physiological causes of injuries are called personal. They depend on the state and mood of the person. For example:

accumulation of fatigue;
bad feeling;
nervous overload;
stressful state;
monotony of work.

When assigning a job, the physical characteristics of the body and anthropometric data should also be taken into account. For example, in schools for training machine operators, the height and gender of the graduate were always taken into account during the distribution. The tallest and strongest guys were placed on large machines. The girls received turning machines DIP 100 and small single-column planing and drilling units. On them, the weight of the workpiece does not exceed 10 kg, the tool 2 kg.

The master should not allow a person in poor health to perform his duties. His inattention will lead to industrial injuries. The patient should be referred to a doctor.

Special attitude towards persons under the influence of alcohol. They should be immediately suspended from work and an act of violating safety regulations and being drunk at work should be drawn up. This is as serious an offense as driving while intoxicated.

Consequences for the employer

An accident affects more than just the victim. The manager also bears responsibility, even greater than that of an ordinary employee.

If the cause of the incident was violations related to labor protection, the employer will face administrative, possibly disciplinary or criminal liability.

Applicable measures:

· reprimand (written/oral);

· termination of his employment agreement;

· fine, payment of compensation;

· suspension of production until the completion of the investigation conducted by the commission;

· if there is a death of a person - restriction of freedom, criminal investigation, administrative work.

The commission's findings will be taken into account. Law enforcement agencies may be involved.

Employer's liability

The fact of concealing an accident that resulted in injury is punishable under Art. 15.34 Code of Administrative Offenses of the Russian Federation. If a company conceals an incident in which an employee was injured, it faces a fine in the amount of:

300-500 rubles (for individuals);
500-1000 rubles (for officials, administration employees);
5000-10,000 (for legal entities).

This rule was introduced both to protect the rights of workers to receive compensation established by law, and to protect public order.

Form for an industrial accident report in form N-1

Application to the Social Insurance Fund for a one-time payment for an industrial injury

Work injury: payments and compensation 2021

In addition to the accident report, the basis for receiving payments is sick leave. In this case, in the column “Cause of disability” the code “04” must be indicated. It stands for industrial accident or its consequences. The amount and procedure for paying benefits and compensation for injuries is regulated by Article 184 of the Labor Code of the Russian Federation. The benefit is calculated on the basis of all payments received by the employee during the pay period, from which the injury contribution was paid. It is worth remembering that the amount of the benefit does not depend on the employee’s length of service, so it is calculated based on the average monthly daily wage.

According to labor legislation, the victim is entitled to a one-time insurance payment. The procedure for its payment (including calculation principles and amounts) is in 125-FZ. It is paid once - upon receipt of injury. In 2021 (from February 1), its size is 100,512.29 rubles. Its size is established in Art. 11 125-FZ. The law provides for a monthly insurance payment. Its size depends on the degree of disability. This year, the maximum amount is 77,283.86 rubles, in accordance with Decree of the Government of the Russian Federation No. 24 of January 24, 2019 and Art. 12 125-FZ.

In addition, at the expense of the employer, the injured employee may be paid additional funds allocated for treatment and rehabilitation, if they are specified in the collective agreement or employment agreement.

Who pays

Payments are made by both the employer and the Social Insurance Fund. For example, compensation for moral damage caused, quite logically, is paid by the administration of the enterprise, and insurance payments, both monthly and one-time, are made by the Social Insurance Fund. In addition, sick leave is paid at the expense of the Fund, and the employer makes payments stipulated by the labor or collective agreement (material assistance, for example). The Social Insurance Fund is obliged to bear the financial costs of the citizen for further rehabilitation (in the case of undergoing treatment and restoring health in sanatoriums, purchasing medicines). Such expenses will be reimbursed only after the provision of payment documents confirming the costs incurred.

Definitions

Work injury

The definition of work injury is enshrined in law. According to Art. 227 of the Labor Code of the Russian Federation, this is harm to the health of an employee as a result of an industrial accident, resulting in:

the need to transfer the employee to another job;
temporary or permanent disability;
death of an employee.

Most often, injuries occur as a result of mechanical impact from falls or contact with equipment.

Occupational injuries and measures to prevent them

The totality of tragic incidents at an enterprise is usually called industrial injuries.

There are several reasons for its occurrence:

technical (appear due to a malfunction of machines, mechanisms, etc.);
sanitary and hygienic (as a rule, they occur due to non-compliance with sanitary standards);
organizational (occur due to ignoring the rules of operation of transport and equipment, violation of work and rest schedules, etc.);
psychophysiological (arise due to employees’ failure to comply with labor discipline).

Prevention of industrial injuries and occupational diseases is possible only if the requirements of occupational safety and health, safety regulations and the implementation of preventive measures are observed. The basics of preventing industrial injuries are:

in carrying out SOUT, which is organized by the employer in accordance with Federal Law No. 426-FZ dated December 28, 2013 (as amended on May 1, 2016). Based on the results of the independent examination, an action plan is being developed to improve and improve working conditions in the organization;
issuance of workwear and personal protective equipment, in accordance with the norms and requirements of GOSTs and OSHA;
conducting timely medical examinations of personnel;
periodic inspections of the condition of workplaces and areas of the enterprise for compliance with health and safety requirements;
timely response by the employer to requests for violation of occupational safety requirements;
measures to prevent injuries at work include training;
Another important point is the exclusion from work of employees who have not completed training in safe working methods, briefings and on-the-job training in a timely manner.

Developing measures to eliminate workplace injuries is a major challenge for safety engineers. The above measures to prevent injuries are not exhaustive; each employer can, based on the situation, apply additional measures.

Occupational Illness

An occupational disease is the result of a deterioration in a worker’s health due to constant or prolonged exposure to harmful factors on his body. To minimize the risk of illness, the employer must:

check the level of gas pollution and dust in the air in the room;
control the level of noise and lighting in the work area;
monitor electromagnetic radiation, etc.;
provide the employee with the necessary protective clothing and personal protective equipment;
eliminate violations immediately.

The boss may indicate in the contract that if the labor safety requirements are not met, disciplinary sanctions may be applied to the employee. If this point is agreed upon and the employee gets an occupational disease due to ignoring the rules, then the employer is not the culprit in this situation.

Employee actions

Having received an injury, he must first take care of himself and his health:

· after waiting for the first necessary aid to be provided, visit a medical facility where you can undergo an examination (if an ambulance was not taken away);

· follow the recommendations given by your doctor and undergo treatment.

Collect all incoming documents related to this incident: doctor’s report, initial examination report, recommendations, conclusion issued by the medical board. This will help you process payments later.

He provides the employer with the following documents:

· certificate of incapacity for work , written out by a doctor (injuries and the diagnosis are indicated there);

· certificates, receipts, checks - reflect the cost of the treatment received, medications purchased and various medical devices;

· a statement written in your own hand, which includes a request to reimburse expenses.

Based on the papers, the accounting department will calculate the amount of all expenses incurred by the citizen.

Who makes the payments

Part of the payments for a work injury is made at the expense of the Social Insurance Fund:

monthly allowance;
compensation for expenses incurred by the employee during rehabilitation in sanatoriums and the purchase of medicines.

Processing of documents must, by law, take a short period of time: the decision to make payments is made within ten days from the date of writing the application.

As for payments made by the employer upon the occurrence of a work-related injury, some managers try to evade this obligation. In this case, it is necessary to file a complaint with the labor inspectorate and then with the court.

Benefit calculation

Carried out by the employer (accountant of the enterprise) in accordance with the amounts and rules adopted by law. The figures are indexed annually.

Calculation process:

1. The average earnings of the victim himself (his income received for the 2 previous years is divided by the number of days of that period - 730).

2. The finished value is immediately multiplied by the actual number of days of treatment .

3. Work experience is not taken into account here, because the benefit will be 100% of the final amount (if there is no fault of the victim).

4. The resulting value is compared with existing legal restrictions. For example, the maximum benefit established for 2019 is 300,728 rubles . When the victim’s income is higher than this figure, his payment is calculated on a daily basis, counting: 9,892.37 rubles X working day.

In 2021, the numbers will not be much higher; if indexation takes place, the data will appear later.

5. When paying, personal income tax is always withheld , and the day of payment coincides with the usual day of issuing the (nearest) advance/salary.

If the victim dies, his relatives are entitled to 1,000,000 rubles , without settlements.

Calculation of compensation covering hospital expenses includes:

1. Identification of the amount of average income (again, the value of a citizen’s two-year earnings is divided by a period of 730 days).

2. The calculation always takes into account the employee’s full income - the initial salary, after an increase. Without inclusion of the specified limit value.

3. The final value is multiplied by the actual number of days of treatment (sick leave period).

4. When the average salary is below the minimum wage, then the minimum wage is taken instead. (for 2021 12,793 rubles)

5. Personal income tax is always deducted from benefits; this is an obligation described in the content of Article 217 of the Tax Code of the Russian Federation.

The benefit is paid on the usual advance or salary day.